RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060014963 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann

Member

Ms. Karmin S. Jenkins

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son and next of kin of the deceased former service member (FSM), requests reconsideration that his father’s military service records be corrected to show award of the Distinguished Unit Citation, which was designated the Presidential Unit Citation in November 1966.

2.  The applicant states, in effect, that the FSM was attached to the 97th Infantry Division at Fort Leonard Wood, Missouri, and was one of the 5,000 Soldiers "stripped" from the 97th Infantry Division and assigned to the 5307th Composite Unit (Provisional) (Merrill's Marauders) sometime between February 1944 and April 1944.  The applicant adds that the 5307th Composite Unit (Provisional) was consolidated with the 475th Infantry Regiment on 10 August 1944.  The applicant also states that the Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 5307th Composite Unit (Provisional) was awarded the Distinguished Unit Citation for the period
3 March 1944 to 17 May 1944.  The applicant further states, in effect, that he thinks the FSM received the unit award because he was technically attached to the unit, although he was in transit.  The applicant also quotes the narrative from the unit's award citation that he obtained from the U.S. Army Center of Military History website, which contains a reference to the capture of a town on 3 August 1944.  The applicant suggests that, "[t]his would indicate that perhaps the Distinguished Unit Citation was for service up to 3 August 1944 when [his] father was defiantly (sic) involved with the 5307th." 

3.  The applicant provides a copy of WD AGO Form Number 204 (Notice of Change of Address), dated 20 April 1944; 2 postmarked envelopes, 1 undated and 1 postmarked 26 June 1944; history of The 97th Infantry Division During World War II from the 97th Division website, printed 8 October 2006; Merrill's Marauders History from the Marauder organization's website, printed 8 October 2006; Merrill's Marauders: Third Mission: Myitkyina from the U.S. Army Center of Military History website, printed 8 October 2006; and page 500 of DA Pamphlet 672-1.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the FSM's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050013408, on 25 April 2006.


2.  The FSM’s military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's reconstructed military service record contains a WD AGO Form 55-53 (Enlisted Record and Report of Separation - Honorable Discharge) and
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 29 September 2006.  These documents show that the FSM was inducted on 19 February 1943, entered active duty on 26 February 1943, and was honorably separated on 8 January 1946.

4.  Item 6 (Organization) on the FSM’s WD AGO Form 53-55 shows he was assigned to Company E, 475th Infantry Regiment.  Item 31 (Military Qualification and Date) and Item 33 (Decorations and Citations), as corrected, show that the FSM was awarded the Combat Infantryman Badge, Bronze Star Medal, Purple Heart, Good Conduct Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, and World War II Victory Medal.  Item 36 (Service Outside Continental U.S. and Return) of the FSM's WD AGO Form 53-55 shows that he departed the continental United States (CONUS) on 23 April 1944 en route to the Asiatic-Pacific Theater (APT), arrived in the APT on 25 May 1944, departed the APT on 12 December 1945, and arrived in CONUS on 3 January 1946.

5.  In support of his application, the applicant provides a copy of WD AGO Form Number 204, dated 20 April 1944 and 2 postmarked envelopes, 1 undated and
1 postmarked 26 June 1944.  The WD AGO Form Number 204 shows the FSM submitted a Notice of Change of Address on 20 April 1944 and the postmarked envelope dated 26 June 1944 shows, in pertinent part, the FSM's return address as Company E, 2nd Battalion, 5307th Composite Group (Provisional).  The articles printed from Internet websites provide, in pertinent part, evidence of the history of the 97th Infantry Division during World War II; a brief history of the 475th Infantry Regiment on 10 August 1944; and information concerning award of the Presidential Unit Citation to the 5307th Composite Unit (Provisional) for the period 3 March 1944 to 17 May 1944.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards and citations authorized for units that served during World War II.  This document is absent any unit award entries for the 475th Infantry Regiment.  Additional review of this document shows that the 5307th Composite Unit (Provisional) was awarded the Distinguished Unit Citation for the period 3 March 1944 to 17 May 1944 by War Department, General Orders Number 54 (1944).

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Unit Citation (DUC) is the predecessor of the Presidential Unit Citation (PUC) (Army).  On 3 November 1966, the DUC was redesignated the PUC (Army).  The PUC is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.  Extended periods of combat duty or participation in a large number of operational missions, either ground or air, is not sufficient.  This award will normally be earned by units that have participated in single or successive actions covering relatively brief time spans (emphasis added).  It is not reasonable to presume that entire units can sustain Distinguished Service Cross performance for extended periods except under the most unusual circumstances.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited (emphasis added).  This Army regulation also provides, in pertinent part, that a Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited, but was subsequently assigned to the unit.  These Soldiers may only (temporarily) wear the unit award while assigned to the cited unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's military service records should be corrected to show award of the PUC because while the FSM was in transit from CONUS to the APT he was attached to the 5307th Composite Unit (Provisional) and the unit was awarded the PUC.  The applicant also contends, in effect, that the period for the unit award announced in the General Orders may be in error and perhaps actually includes service through 3 August 1944, in which case the FSM was assigned to the unit at that time and should be awarded the PUC.  In addition, the applicant contends that the FSM wore the unit award on his uniform, which provides further evidence in support of his claim.

2.  The evidence of record shows that the 5307th Composite Unit (Provisional) was awarded the PUC for actions from 3 March 1944 to 17 May 1944.  The evidence of record also shows that the FSM was in transit from CONUS to the APT from 23 April 1944 through 24 May 1944 and, therefore, not present for duty with this unit in the theater of operations.  This evidence offers information to support an explanation for the temporary wear of the unit award on the FSM's uniform upon subsequent assignment to the unit in the APT.  However, authority for the temporary wear of a unit award does not include authorization to record the unit award in an individual's military service records.  In addition, there is insufficient evidence to support the applicant's claim that the FSM was assigned/ attached and present for duty (emphasis added) with the 5307th Composite Unit (Provisional) during the period the unit was cited for extraordinary heroism in action against an armed enemy while serving in the APT.  Therefore, the applicant is not entitled to correction of the FSM's records to show this unit award.

3.  The evidence of record shows that the PUC will normally be earned by units that have participated in single or successive actions covering relatively brief time spans.  There is no evidence of record, and the applicant provides insufficient evidence, to show that the dates contained in Headquarters, Department of the Army General Orders Number 54 (1944) awarding the 5307th Composite Unit (Provisional) the PUC are in error and should be corrected to read from 3 March 1944 to 3 August 1944.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of the FSM's records to show this unit award.

4.  The evidence of record shows that the FSM was assigned to Company E, 475th Infantry Regiment during World War II.  There is no evidence of record that the 475th Infantry Regiment was awarded the PUC.  Therefore, the applicant is not entitled to correction of the FSM's records to show this unit award.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___KLW_  ___PHM__  ___KSJ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20050013408, dated 25 April 2006.




 ____Kenneth L. Wright_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014963
SUFFIX

RECON
2007/05/10
DATE BOARDED
2007/04/25
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460108
DISCHARGE AUTHORITY
AR 615-365, RR 1-1
DISCHARGE REASON
Demobilization, Convenience of the Gov't
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0031.0000
2.

3.

4.

5.

6.